IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090003962
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states, in effect, that the rating decision he received from the Department of Veterans Affairs (DVA) in June 2007 is justification for the approval of the Purple Heart.
3. The applicant provides a copy of his DVA decision rating.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Records show the applicant was commissioned as a United States Army Reserve Officer on 28 June 1961. He served in the Republic of Vietnam from
18 February 1966 to 13 January 1967 and from 7 October 1968 to 25 September 1969. He was honorably released from active duty on 2 May 1972.
3. The letter from the DVA stated that the applicant testified that he was a member of the 205th Transportation Company in 1968 and was involved in a combat situation. Further research shows that his company was a part of the 8th Transportation Group and was in combat. Therefore, the DVA established his status as a combat veteran and granted him a 0 percent rating for a service connection shrapnel scar on his left wrist.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. The applicant's military service records do not contain any general orders awarding him the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster.
5. There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a copy of his DVA decision rating to show that the DVA determined he was in combat and his scar on his left wrist was from shrapnel. However, a decision rendered by DVA is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart.
2. There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is insufficient basis for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090003962
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ABCMR Record of Proceedings (cont) AR20090003962
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